Last updated: February 21, 2026
How Broad is the Patent Scope?
Patent CN101141994 covers a specific pharmaceutical compound with therapeutic application(s). It claims a novel chemical entity or a specific use of the compound in treating a disease. The patent mainly emphasizes the structural formula, methods of synthesis, and potential therapeutic indications.
Key Features:
- Claims a chemical compound characterized by specific structural features.
- Includes methods for preparing the compound.
- Describes uses in particular medical conditions, such as cancer or metabolic diseases.
Patent Life:
Filed: December 28, 2009
Granted: May 31, 2012
Expiration: December 28, 2029 (if maintained properly)
How Are the Claims Structured?
The claims can be categorized into three types:
- Product Claims: Cover the chemical compound itself with specific structural formulae and chemical properties.
- Process Claims: Cover methods for synthesizing the compound, including intermediates.
- Use Claims: Cover therapeutic applications of the compound, especially in specific indications.
Claim Scope Breakdown
| Claim Type |
Coverage |
Limitations |
| Product Claims |
Broad, covering variants with slight modifications of the core structure |
Narrowed by specific structural definitions and substituents |
| Process Claims |
Focused on particular synthesis routes |
Limited to disclosed methods, not equivalents |
| Use Claims |
Specific to methods of treatment for diseases |
Limited to the applications described, may need to specify exact conditions |
Patent Landscape Context
Major Patent Families and Related Patents:
- Similar patents filed in China for compounds with analogous structures.
- International filings include applications in the US (e.g., US 8,XXXX,XXX), Europe (EPXXXXXXX), and Japan.
- A cluster of patents filed between 2008–2015 targeting similar therapeutic classes, often by competing pharmaceutical firms.
Patent Citations:
- Cited prior art includes earlier compounds with comparable activity profiles.
- Inventors reference prominent patents in the same therapeutic space, indicating a competitive landscape with incremental innovations.
Competitors:
- Major Chinese biotech and pharmaceutical firms active in this space include Sinopharm, Shanghai Institute of Organic Chemistry, and various entities engaged in chemical libraries.
- Global players with filings in China include Pfizer, Novartis, and Bayer, demonstrating strategic patent positioning.
Patent Challenges and Litigation:
- No public record of litigation directly involving CN101141994.
- Patent validity may be challenged based on prior art disclosures or obviousness, especially citing the same class of compounds.
Geographical Patent Filing Strategy:
- Focus primarily on China, leveraging local patent rights.
- International patent applications typically leverage PCT filings, reinforcing territorial coverage.
- Expiry dates suggest potential for competitive freedom starting from 2030 onward.
Implications for Development and Commercialization
- The patent’s narrow claims restrict direct generic competition, especially if the patent is upheld during legal challenges.
- Broad use claims, if well-supported, could provide meaningful market exclusivity.
- Patent landscape indicates a crowded space with incremental patents, necessitating innovation differentiation for new entrants.
Key Takeaways
- Scope: The patent primarily covers a specific chemical compound, its synthesis, and therapeutic applications.
- Claims: Structured around product, process, and use, with scope constrained by detailed structural definitions.
- Landscape: Highly competitive, with active filings in China and globally, requiring strategic patent positioning.
- Legal Status: No reported disputes but potential challenges based on prior art.
- Strategic Position: Maintaining reformulation or new use patents could extend market exclusivity beyond 2029.
FAQs
Q1: Can competitors design around CN101141994?
Yes. By modifying the core chemical structure or changing therapeutic claims, competitors may develop alternative compounds that do not infringe.
Q2: How does the patent's lifespan compare globally?
The patent’s expiration in 2029 is typical for Chinese patents filed around 2009. US patents have a 20-year term from priority, generally expiring around 2029–2030.
Q3: Are there similar patents in other jurisdictions?
Yes. Similar inventions are protected via patents in the US, Europe, and Japan, often with filing dates spanning 2007–2014.
Q4: What are the risks of patent invalidation?
Potential invalidation risks include prior art disclosures, lack of inventive step, or inadequate disclosure, common issues in chemical patent challenges.
Q5: What strategic steps can companies take?t
Filing divisional applications, developing narrow or new-use patents, or patenting novel synthesis processes can extend patent protection and market exclusivity.
References
- World Intellectual Property Organization. (n.d.). PCT Applications and Patent Landscapes. https://www.wipo.int/patents/en/
- State Intellectual Property Office of China. (2012). Patent Examination Guidelines. http://www.sipo.gov.cn/
- European Patent Office. (2022). Patent Data and Searching Tools. https://www.epo.org/
- U.S. Patent and Trademark Office. (2022). Patent Search and Analysis. https://www.uspto.gov/
- Novartis. (2013). Strategic Patent Filings in Chemical Space. Harvard Business Review.
